Esparza v. Nolan Wells Communications, Inc.

POWERS, Justice.

Thomas Esparza, Jr. appeals a trial court judgment that he take nothing by his counterclaim against appellee, Nolan Wells Communications, Inc., wherein he brought the statutory cause of action for usury authorized by Tex.Rev.Civ.Stat.Ann. art. 5069-1.06 (1971 and Supp.1982).

Appellee sued appellant for a trade-account debt arising from the sale of goods and services to appellant. Trial was before a jury and based upon their answers to special issues the trial court ordered that appellant take nothing by his counterclaim and awarded appellee judgment for its debt as follows:

Princ…